IN THE HIGH COURT OF PUNJAB AND HARYANA AT
CHANDIGARH
CWP No.2205 of 1990
Date of decision: 16.1.2009
Ludhiana Improvement Trust, Ludhiana ...Petitioner
Versus
President, Land Acquisition Tribunal and another ...Respondents
CORAM: HON'BLE MR.JUSTICE ADARSH KUMAR GOEL
HON'BLE MR.JUSTICE JITENDRA CHAUHAN
Present: Mr.Rupinder Khosla, Advocate
for Ludhiana Improvement Trust.
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ADARSH KUMAR GOEL,J. (Oral)
This petition has been filed by the Improvement Trust against
the award dated 4.12.1985 rendered by the Land Acquisition Tribunal under
the provisions of the Punjab Town Improvement Act, 1922 (for short `the
Act’).
Land of respondent No. 2 was acquired in pursuance of
notification dated 28.6.1981 under Section 36 of the Act and notification
dated 16.3.1982 under Section 42 of the Act. The Collector determined
compensation ranging from Rs.15/- to Rs.45/- per biswansi. The Tribunal
enhanced the same to Rs.10/- per square yard.
The Tribunal has based its award on a sale deed of 1960, while
the relevant notification in the present case is of 28.6.1981. Thus, the
compensation awarded by the Tribunal cannot held to be too high. In fact it
may be possible to say that the same is too low.
In view of the above, we do not find any substance in this
petition. The same is dismissed.
(ADARSH KUMAR GOEL)
JUDGE
16.1.2009 (JITENDRA CHAUHAN)
mk JUDGE